Issued by Adv. Johnny de Lange, MP, Chairperson of the Portfolio Committee on Justice & Constitutional Development and Mr. Yunus Carrim,MP, Chairperson of the Portfolio Committee on Provincial and Local Government
27 March 2002
The Constitution of the Republic of South Africa Amendment Bill, 2002
The Constitution of the Republic of South Africa Second Amendment Bill, 2002
The Local Government: Municipal Structures Amendment Act, 2002
Loss or Retention of Membership of National and Provincial Legislatures Bill
Three Amendment Bills, two of which seek to amend the Constitution of the Republic of South Africa, 1996, (the Constitution), will soon be introduced in Parliament and referred to the Portfolio Committee on Justice and Constitutional Development, together with the Portfolio Committee on Provincial and Local Government, for consideration. The two Constitutional Amendment Bills have been published in Government Gazette no. 23218, vol 44, dated 11 March 2002, for public comment, in accordance with section 74(5)(a) of the Constitution, by no later than 12 April 2002
The Constitution of the Republic of South Africa Amendment Bill of 2002 aims to amend the Constitution, in order to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide into any one of the subdivisions to merge with another party, whilst allowing a member of a Council affected by such changes to retain membership of that Council; and to provide for matters connected therewith.
The Constitution of the Republic of South Africa Second Amendment Bill of 2002 also seeks to amend the Constitution, in order to further regulate the allocation of delegates of the National Council of Provinces; and to provide for matters connected therewith.
The Local Government: Municipal Structures Amendment Act of 2002, will soon be introduced in Parliament and referred to the Portfolio Committee on Provincial and Local Government, together with the Portfolio Committee on Justice and Constitutional Development, for consideration. The Bill aims to amend the Local Government: Municipal Structures Act 1998, in order to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council; and to provide for matters connected therewith.
On 12 November 2001, the Portfolio Committee on Justice and Constitutional Development of the National Assembly tabled a legislative proposal, the Loss or Retention of Membership of National and Provincial Legislatures Bill, in the National Assembly. On 13 November, the Assembly, in terms of Assembly Rule 238(4), gave permission that the proposal be proceeded with. A draft Bill was published in Government Gazette, no 22835, vol 436, dated 16 November 2001, for public comment, in accordance with National Assembly Rule 241, read with Rule 239, before 11 January 2002. The Bill aims to amend Schedule 2 to the Constitution of the Republic of South Africa, 1993, in order to enable a member of a legislature to become a member of another party whilst retaining membership of that legislature; to enable existing party to merge with another party, to subdivide into more than one party; and to provide for matters connected therewith.
If any person or organization would like to make written representations on any one or more of the four Bills, he or she should do so by no later than 30 April 2002. Anyone who would like to give further oral evidence to the Committees in regard to his or her written submissions should notify the Committees by no later than 30 April 2002.
If the need should arise public hearings will (provisionally) be scheduled to take place during the week of 2 - 17 May 2002.
The Committees request all persons and institutions that wish to send submissions to make 30 copies available to the Committees, if possible.
It should be pointed out that the Committees reserve the right to decide:
All correspondence should be marked for the attention of Zodwa Velleman and addressed to:
The Secretary to Parliament
PO Box 15
Cape Town
8000
Copies of the Bill may, upon availability, be obtained from Ms. Velleman
Contact:
Zodwa Velleman(ivelleman@parliament.gov.za)
Tel: 021-403 3660
Fax: 021 462 2142